This case has been cited 1 times or more.
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2001-01-29 |
PUNO, J. |
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| Petitioner claims that it had faithfully observed the different modes of land acquisition for socialized housing under R.A. 7279 and adhered to the priorities in the acquisition for socialized housing under said law.[16] It, however, did not state with particularity whether it exhausted the other modes of acquisition in Section 9 of the law before it decided to expropriate the subject lots. The law states "expropriation shall be resorted to when other modes of acquisition have been exhausted." Petitioner alleged only one mode of acquisition, i.e., by negotiated purchase. Petitioner, through the City Mayor, tried to purchase the lots from respondents but the latter refused to sell.[17] As to the other modes of acquisition, no mention has been made. Not even Resolution No. 516, Series of 1996 of the Sangguniang Panlungsod authorizing the Mayor of Mandaluyong to effect the expropriation of the subject property states whether the city government tried to acquire the same by community mortgage, land swapping, land assembly or consolidation, land banking, donation to the government, or joint venture agreement under Section 9 of the law. | |||||